## Facts

- C-V-T-, a native and citizen of Vietnam, entered the United States as a refugee in 1983 and adjusted to lawful permanent resident status in 1991.
- He lived in the United States for about 15 years, learned English, and maintained steady employment in various jobs.
- In 1997, he was convicted in Alaska of fourth-degree misconduct involving a controlled substance and sentenced to 90 days in jail.
- The offense involved a single cocaine transaction in which he acted as an unpaid intermediary and later assisted police in arresting a drug supplier.
- The government initiated removal proceedings and charged removability under INA § 237(a)(2)(B)(i) based on the controlled-substance conviction.
- He applied for cancellation of removal for lawful permanent residents under INA § 240A(a), and the record reflected he met the statutory prerequisites and had no aggravated felony conviction.
- The Immigration Judge found him removable and denied cancellation as a matter of discretion, ordering removal to Vietnam.
- He appealed, challenging the discretionary denial of cancellation.

## Issues

1. What discretionary standard governs cancellation of removal for lawful permanent residents under INA § 240A(a), including whether the balancing framework used for former INA § 212(c) relief applies.
2. Whether, under the proper discretionary standard, the respondent warranted cancellation of removal given the controlled-substance conviction and the equities in his favor.

## Decision

- The Board of Immigration Appeals sustained the appeal.
- The Board held that the discretionary standards developed for former INA § 212(c) relief in *Matter of Marin* apply to INA § 240A(a) cancellation for lawful permanent residents.
- Applying that balancing test, the Board concluded the respondent warranted a favorable exercise of discretion and granted cancellation of removal.
- The removal order was vacated.

## Legal Principles

- Statutory eligibility for INA § 240A(a) requires: (1) lawful permanent residence for at least 5 years; (2) continuous residence in the United States for at least 7 years after admission in any status; and (3) no aggravated felony conviction.
- Even if statutorily eligible, an applicant must separately show that cancellation is warranted as a matter of discretion.
- Discretion under INA § 240A(a) is evaluated using the *Matter of Marin* framework: decisionmakers must balance favorable equities against adverse factors showing undesirability as a permanent resident.
- Favorable equities may include long residence, family and community ties, humanitarian considerations, steady employment, and evidence of rehabilitation; adverse factors include the nature, recency, and seriousness of criminal conduct and other indicia of bad character.
- In weighing a drug conviction, decisionmakers may consider limited culpability, cooperation with law enforcement, short sentence, and other mitigating circumstances when assessing the weight of the adverse factor.

## Conclusion

The Board treated INA § 240A(a) cancellation as discretionary relief governed by the *Matter of Marin* balancing approach and, after weighing the respondent’s long residence, work history, refugee background, minor role in the offense, and cooperation with police against a recent controlled-substance conviction, granted cancellation of removal.


In re C-V-T-, 22 I. & N. Dec. 7 (B.I.A. 1998)